Terms & Conditions
General Terms and Conditions of Yoga on the Move GmbH
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as the provider (Yoga on the Move) through the website yogaonthemove.de. Unless otherwise agreed, we reject the inclusion of any conditions you may use.
(2) A "consumer" in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An "entrepreneur" is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract for Goods
(1) The subject matter of the contract is the provision of courses and workshops
By posting the respective course offerings on our website, we make you a binding offer to conclude a contract under the conditions stated in the respective course and workshop description.
(2) The contract is concluded through the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart." By clicking the corresponding button in the navigation bar, you can open the "shopping cart" and make changes at any time. After clicking the "Checkout" page and entering your personal data and payment terms, all order details will be displayed again on the order overview page.
If you choose an immediate payment system (e.g., PayPal / PayPal Express, credit card, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or initially redirected to the website of the provider of the immediate payment system.
If you are redirected to the respective immediate payment system, you will make the necessary selection or enter your data there. Finally, you will be returned to the order overview page in our online shop. Before submitting the order, you have the opportunity to review, modify (also through the "back" function of the web browser), or cancel the order.
By submitting the order via the corresponding button, you legally declare your acceptance of the offer, and the contract is concluded.
(3) The processing of the order and the transmission of all information necessary for the conclusion of the contract are partially automated via email. Therefore, you must ensure that the email address you have provided is correct, that the receipt of emails is technically ensured, and that emails are not blocked by spam filters.
§ 3 Formation of the Contract for Courses, Workshops & Retreats
(1) The subject matter of the contract is the provision of courses and workshops
By posting the respective course offerings on our website, we make you a binding offer to conclude a contract under the conditions stated in the respective course and workshop description.
(2) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." By clicking the corresponding button in the navigation bar, you can open the "shopping cart" and make changes at any time. After clicking the "Checkout" page and entering your personal data, payment, and shipping terms, all order details will be displayed again on the order overview page.
By clicking the "Place Order" button, you legally declare your acceptance of the offer, and the contract is concluded.
If you choose an immediate payment system (e.g., PayPal, Stripe, SOFORT Überweisung) as the payment method, you will either be directed to the order overview page in our online shop or initially redirected to the website of the provider of the immediate payment system. There, you will make the necessary selection or enter your data. Finally, you will be returned to the order overview page in our online shop.
(3) The processing of the order and the transmission of all information necessary for the conclusion of the contract are partially automated via email. Therefore, you must ensure that the email address you have provided is correct, that the receipt of emails is technically ensured, and that emails are not blocked by spam filters.
§ 4 Performance of Courses, Events & Retreats
(1) The execution of the courses and events will take place on the agreed dates in the form described in the respective offers. Both the day, the time, and the location of the events may be changed for important organizational reasons. We will inform you of any changes in writing without delay.
(2) If the execution of the courses and events depends on the number of participants, the minimum number of participants will be specified in the respective offer. If the minimum number of participants is not reached, we will inform you of the cancellation of the booked course or event in writing (e.g., by email) no later than 2 days before the course or event begins. Any services already provided will be refunded immediately in such a case.
(3) In the event of the cancellation of a single event due to the short-term absence of the event leader because of illness or another important reason, any services already provided will be refunded immediately.
For events consisting of several dates, if one date is canceled due to the short-term absence of the event leader because of illness or another important reason, the canceled date will be rescheduled for a replacement date.
(4) The organizer is only liable for expenses beyond the refund of the event price (such as travel or accommodation costs) in the case of intent or gross negligence on the part of the organizer, but not if the cancellation of the event is due to reasons beyond the organizer's control (e.g., in the case of illness of the course leader or force majeure).
(5) In connection with the use of course rooms and venues, you must comply with the house rules displayed at the premises. You must follow our instructions or those of the course leader.
§ 5 Withdrawal / Cancellation of Workshops, Events & Retreats
(1) You may cancel the contract free of charge up to 61 days before the course begins. The cancellation must be made in writing (e.g., by email). The decisive time for meeting the deadline is when we receive the cancellation notice.
If the cancellation occurs less than 61 days before the course begins, the following conditions apply:
If a customer cancels an event booked with the provider (e.g., participation in a course), the provider is entitled to demand a flat-rate compensation from the customer according to the following scale:
– Cancellation up to 60 days before the event: 25% of the event price,
– 59 to 30 days before the event: 50% of the event price,
– 29 to 7 days before the event: 75% of the event price,
– 6 days before the event and thereafter: 100% of the event price.
(2) In the case of non-participation or partial participation in the booked course, no refund of course fees is possible.
(3) The statutory right of withdrawal is not affected by this, and it exists independently of whether this additional right of withdrawal applies.
§ 6 Formation of the Contract for Online Check-in to Classes
(1) You can book a place for regular classes (from the class schedule) via online check-in up to 20 minutes before the class starts.
(2) The contract is concluded through our booking provider Eversports as follows:
You select the class you wish to book from the schedule. You will then be directed to our booking provider Eversports. There, you make the corresponding selection or enter your data.
By submitting the booking via the "Single Booking" or "Recurring Pre-Booking" button, you legally declare your acceptance of the offer, thereby concluding the contract.
Depending on your customer status with Yoga on the Move, the course fees for the booking are calculated as follows:
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As a customer with an Unlimited Membership, all course fees are already covered by the payment of the membership fees.
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As a customer with a Block Card, the corresponding session fee will be deducted from your Block Card.
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In all other cases, you pay the course fee via the immediate payment system of Eversports.
Finally, you will be directed to the order overview page "My Reservations."
(3) The processing of the booking and the transmission of all information necessary for the conclusion of the contract will be done via email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that email receipt is technically ensured, and that emails are not blocked by spam filters.
§ 7 Withdrawal / Cancellation of Classes Booked via Online Check-in
(1) You can independently withdraw from the booking up to 24 hours before the class starts. To do so, log into our booking provider Eversports with your account details. Under "My Profile" > "Reservations," you can cancel your booking by clicking the "Cancel" button.
As a customer with a Block Card, the session will be refunded to your customer account.
If you paid for your booking via the immediate payment system of Eversports, the course fees will be refunded to you.
(2) In the event of non-participation, partial participation, or cancellation less than 24 hours before the class begins, no refund of fees is possible.
(3) The right of withdrawal for distance contracts does not apply in this case according to § 312 b Abs. 2 No. 9 of the German Civil Code (BGB).
§ 8 Formation of the Contract for Teacher Trainings
(1) The subject of the contract is the provision of Yoga Teacher Trainings and other YACEP certified Teacher Trainings, for which you apply through a registration form on our website. Teacher Trainings with immediate booking through the website fall under the category of ‘Workshops’ (§ 3-5) in our terms and conditions.
(2) For each Teacher Training, detailed information will indicate the date or participant number by which a specific offer price (Early Bird) is valid.
(3) The contract is concluded as follows: After submitting your registration, we will review it and get in touch with you, possibly with contract documents. To finalize the reservation, an immediate registration fee of €500 is due. In case of cancellation, this deposit is NON-refundable. The remaining balance is due by the date specified in the registration. In addition to the registration fee, we require the signed contract documents.
(4) The processing of the order and the transmission of all information necessary for the conclusion of the contract will be done via email. Therefore, you must ensure that the email address you have provided to us is correct, that email receipt is technically ensured, and that emails are not blocked by spam filters.
§ 9 Withdrawal / Cancellation of Teacher Trainings
(1) You may withdraw from the Teacher Training up to the payment date of the first training installment or the full training price. The registration fee of €500 is NON-refundable in this case. These individual refund conditions are accepted upon registration for the Teacher Training.
(2) Exceptions are only possible if the participant is no longer able to continue the training due to a serious, chronic illness.
(3) We reserve the right to reschedule the Teacher Training in the event of unforeseeable circumstances (e.g., illness of an instructor or similar), or if the minimum number of participants is not reached. In the case of a rescheduled date, participants may choose between attending the replacement date or receiving a refund of the fees already paid. Should the Teacher Training be cancelled by us without replacement, we will, of course, refund the registration fee in full.
§ 10 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price is made.
§ 11 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damages, and to notify us as well as the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
§ 12 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all services arising from our business relationships, as well as the place of jurisdiction, is our registered office, unless you are a merchant, a legal entity under public law, or a public-law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual place of residence is unknown at the time the lawsuit is filed. The right to file the lawsuit at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Identity of the Seller
Yoga on the Move GmbH
Managing Directors: Leonie Goller and Marlene Schmitt
Akazienstr. 27
10823 Berlin
Germany
Phone: 0049-(0)15775737037
Email: namaste@yogaonthemove.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at HTTPS://EC.EUROPA.EU/ODR.
We are not willing to participate in dispute resolution procedures before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract itself, and the correction options are governed by the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1.The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online shopping system, you can print or electronically save the contract data using your browser's print function. After receiving your order, we will send the order data, the legally required information for distance contracts, and the General Terms and Conditions to you again via email.
3.3. In the case of offer inquiries outside the online shopping system, you will receive all contract data in the context of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2.The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and must be paid by you unless free shipping is offered.
5.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due for immediate payment.Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fällig.
5.5. Unless otherwise agreed, payment for courses is due at the latest on the course date before the course begins; otherwise, there is no entitlement to participation.
6. Delivery Terms
6.1. The delivery terms, delivery date, and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss or deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or another person designated to carry out the shipment.
7. Statutory Warranty Rights
The warranty liability is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Last updated: 01. August 2024